Section 311 of BNSS, 2023 — Record in Trial Before Court of Session

Introduction

Section 311 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the recording of evidence in trials before a Court of Session.

It prescribes the manner in which evidence is to be recorded during a Sessions trial and ensures that the evidence forms a properly authenticated part of the judicial record.

Statutory Basis

Section 311 provides that in every trial before a Court of Session, the evidence of each witness shall be taken down in writing.

The evidence is ordinarily recorded in the form of a narrative, but the Court may, in its discretion, record any particular part of the evidence in the form of questions and answers.

Recording of Evidence

The evidence of every witness must be recorded in writing during the Sessions trial.

The normal method is to record the evidence in narrative form.

However, the Court has discretion to record particular portions in the form of questions and answers where it considers such a format appropriate.

This provides flexibility while ensuring that the substance of the witness’s testimony is preserved in the record.

Language of the Record

The evidence must be recorded in the language of the Court.

Where the evidence is given in a different language, the applicable provisions concerning interpretation and recording must be followed so that the evidence is properly incorporated into the judicial record.

Reading Over of Evidence

After the evidence of a witness has been recorded, it must be read over to the witness.

This gives the witness an opportunity to verify whether the evidence has been correctly recorded.

If the witness points out an error or wishes to make a correction, the Court deals with the correction in accordance with the prescribed procedure.

Signature of the Witness

After the evidence has been read over and the necessary corrections have been made, the witness is required to sign the record.

The signature provides authentication of the recorded testimony.

Signature of the Judge

The record of the evidence is also required to be signed by the Judge.

The Judge’s signature authenticates the judicial record and confirms that the evidence was recorded during the Sessions trial.

Purpose of Section 311

The provision serves several important purposes:

• ensures that evidence in Sessions trials is properly recorded;
• creates an accurate judicial record;
• allows witnesses to verify the recorded evidence;
• provides authentication through the required signatures;
• facilitates proper appreciation of evidence by the Court; and
• preserves the evidence for appellate and revisional proceedings.

Difference Between Sections 309, 310 and 311

Section 309 — Summons-Cases and Inquiries

Section 309 deals with recording a memorandum of the substance of evidence in summons-cases and specified inquiries.

Section 310 — Warrant-Cases

Section 310 deals with the recording of evidence in warrant-cases tried before Magistrates.

Section 311 — Sessions Trials

Section 311 deals specifically with the recording of evidence in trials before a Court of Session.

Thus, these provisions establish different recording requirements depending upon the nature of the criminal proceeding.

Procedure Under Section 311

The procedure can be understood as follows:

1. A trial is being conducted before a Court of Session.
2. A witness gives evidence.
3. The evidence is recorded in writing.
4. It is ordinarily recorded in narrative form.
5. The Court may record particular portions in question-and-answer form.
6. The recorded evidence is read over to the witness.
7. Necessary corrections are made according to law.
8. The witness signs the record.
9. The Judge authenticates the record by signing it.

Example

Suppose a Sessions Court is conducting a trial for a serious criminal offence. A prosecution witness is examined before the Court.

The Judge records the witness’s evidence in writing, ordinarily in narrative form. After the evidence is recorded, it is read over to the witness.

If the witness identifies an error, the appropriate correction is made. The witness and the Judge then authenticate the record through their respective signatures.

Importance in Sessions Trials

Sessions trials generally involve serious offences and therefore require a reliable and properly authenticated record of the evidence.

Section 311 ensures that the evidence presented before the Sessions Court is formally recorded and preserved.

This becomes particularly important where the judgment is subsequently challenged in an appeal or revision, because the higher Court may need to examine the evidence recorded during the trial.

BNSS and CrPC

Section 311 BNSS corresponds to Section 276 of the Code of Criminal Procedure, 1973.

The basic framework concerning the recording of evidence in Sessions trials has been substantially retained.

Important Points

• Section 311 deals with the recording of evidence in Sessions trials.
• It applies to trials before a Court of Session.
• Evidence of each witness is recorded in writing.
• The ordinary form is narrative.
• Particular portions may be recorded in question-and-answer form.
• Evidence is read over to the witness.
• The witness is given an opportunity to identify necessary corrections.
• The record is authenticated by the Judge’s signature.
• Section 311 corresponds to Section 276 CrPC.

Quick Revision

• Section: 311, BNSS, 2023
• Subject: Record in trial before Court of Session
• Court: Court of Session
• Main requirement: Written record of evidence
• Ordinary form: Narrative
• Alternative: Question-and-answer form for particular portions
• Safeguard: Evidence is read over to the witness
• Authentication: Witness and Judge
• Corresponding CrPC provision: Section 276

ALSO READ: Section 310 – Record in warrant-cases

Conclusion

Section 311 BNSS provides the framework for recording evidence in trials before a Court of Session. By requiring written recording, permitting narrative or question-and-answer formats, and providing for verification and authentication of the evidence, the provision ensures that Sessions trials have a reliable and properly maintained evidentiary record.